Asmadun eligible to run for Lugus, Sulu mayor — Comelec PDF Print E-mail
Saturday, 30 April 2016 11:43

“The truth shall set you free”. So goes the saying as it aptly described an election case in Sulu involving a Liberal Party (LP) mayoralty bet .

The Commission on Elections has issued a decision to settle once and for all the case filed against the LP candidate.

The Comelec’s First Division has ordered the dismissal of the instant petition for disqualification filed by Hadji Hadar M. Hadjiri against former Lugus mayor, Abdusali Asmadun removing legal impediments on the latter’s candidacy in the coming May 9, polls.

Both Hadjiri and Asmadun vying for mayoralty post in Lugus, Sulu.

Hadjiri filed the instant petition pursuant to Rule 25 of the 1993 Comelec Rules of Procedures, as amended by Comelec Resolution No. 9523.

In his petition Hadjiri asked the poll body to disqualify Asmadun for prohibiting, along with companions, his political opponent from posting lawful campaign materials in five barangays in Lugus, Sulu in the 2013 elections in violation of election laws.

In a resolution promulgated April 7, 2016, the Comelec states “ that the acts of Asmadun in prohibiting political opponents from posting lawful campaign materials in five barangays in Lugus, Sulu relative to the May 2013 elections cannot be used as a ground for disqualification against him in view of his candidacy for the 9 May elections.

A copy of the promulgated resolution was furnished this reporter.

Although the commission has found probable cause and directed the Law Department to file the necessary information against Asmadun for violation of Section 22 of Comelec resolution No. 9615, in relation to RA 9006, the determinations made by the poll body were made in the context of a criminal proceeding which requires final conviction for it to be grounds for disqualification under Section 68 of the OEC.

“Considering that there is no proof that Asmadun was already convicted with finality for the above violation and sentenced to suffer disqualification to hold public office, Asmadun cannot be barred from running in the coming 9 May. 2016  Elections,”the Comelec resolution said.

Besides the commission, citing provisions of the law in the case of Blanco vs COMELEC, where the court distinguished between the electoral and criminal aspects of a disqualification case under section 68 of the Omnibus election Code.

In the case of Asmadun, disqualifying a person (offender) applies only to a candidate to stop him from continuing as a candidate in the election in which he or she is running.

“Accordingly, the COMELEC  cannot impose the penalty of disqualification under Section 68 upon a candidate for a violation committed in previous elections. In the case of Asmadun..., it must be noted that Asmadun was not a candidate in the May 13 elections when the alleged offense was committed..

“Wherefore, premises considered, the Commission (First Division) resolved as it hereby RESOLVE to DISMISS the instant petition....So Ordered.” The resolution stated,

The resolution of the case was signed by Commissioners Christian Robert S. Lim, Commissioner Luie Tito F. Guia and Commissioner Ma. Rowena Amela V. Guanzon.

In conclusion, The First Division Presiding Commissioner Lim also certified that.. “the conclusion in the above resolution, was reached in consultation among the members of the Commission first division before the case was assigned to the writer of the opinion of the commission.

Meanwhile, Asmadun expressed elation over the decision which is final and executory and thanked the Comelec en banc for resting the case. His Vice-mayor is his son incumbent mayor Al-Zhuduri ‘Den’ Asmadun under the administration party.(PR)

Last Updated on Tuesday, 06 September 2016 11:46